OA033562013

The appellant is a citizen of Pakistan, born on 6 February 1976. The sponsor, her husband, is a UK citizen. He has three children from his first marriage. Following the death of his first wife, he married the sponsor. They also have three children. All six children are UK citizens and now live with the sponsor in Glasgow.

By notice dated 6 December 2012 the Entry Clearance Officer refused the appellant�s application for entry clearance because the documentation provided did not support the sponsor�s claimed earnings, in the way required by the Rules.

The appellant appealed to the First-tier Tribunal, specifying grounds under the Rules and under Article 8 of ECHR. Judge McGrade allowed the appeal by determination promulgated on 7 January 2014, saying at paragraph 14:

The Entry Clearance Officer sought permission to appeal to the Upper Tribunal on the grounds that the judge erred by granting the application on the basis of the pending cardiac surgery, when that had taken place in April 2013, before the hearing date of 19 December 2013.

First-tier Tribunal Judge Pedro granted permission on 27 January 2014, observing that the judge appeared to have misdirected himself by applying paragraph EX.1 of Appendix FM to an entry clearance case.